DUI

[Jnkmyr]

I would like to seek for legal advice and I also would like to know what is the most likely penality in my case.
I was stopped by the police and I had to gave breath sample what was above the legal limit.
They arrested me and they have taken me to the police station. I was provide another two sample what was above the limit (41)
I spent the night in custody and I have to go to court.

I would like to know the possible outcommings.

I never have been charged before. I am not alcoholic. I had three pints and I am not a large men. I had no eaten before.

Thank you very much

 

[SeanJoyceStephensons]

For a first offence with a reading of 41 in breath the Magistrates sentencing guidelines advise the imposition of a 12-16 month disqualification and a Band C fine, the fine will be calculated based on your income. You are also likely to be offered the opportunity to attend the drink drive rehabilitation course which would reduce the length of the disqualification by up to 25% upon completion.

You can present mitigation to the Court explaining the circumstances of the offence and how the disqualification is likely to impact you and any family/friends. This should help to convince the Court to keep the sentence down to the lowest end of the range set out above.

 

[Jnkmyr]

For a first offence with a reading of 41 in breath the Magistrates sentencing guidelines advise the imposition of a 12-16 month disqualification and a Band C fine, the fine will be calculated based on your income. You are also likely to be offered the opportunity to attend the drink drive rehabilitation course which would reduce the length of the disqualification by up to 25% upon completion.

You can present mitigation to the Court explaining the circumstances of the offence and how the disqualification is likely to impact you and any family/friends. This should help to convince the Court to keep the sentence down to the lowest end of the range set out above.

Thank you for the answere.
I read that if the test it is between 40 and 50 they have to offer me another blood or urine test. I believe they did but because it was my really first time, I was nervous and I was not aware of that if Im doing it, could help the outcome of my matter. Can I use that as a mitigation or you will not suggest.

Please advise

 

[SeanJoyceStephensons]

I'm afraid that the police are no longer required to offer you to opportunity to provide a blood or urine specimen if your reading is 50 or under. This was removed in April 2015 so it would not have any bearing on the case at all.